Personal property: Wild animals and occupancy

Acquiring Title to Unowned Objects (Acquisition by Capture or Occupancy): S 38-39; D 15-22 n.3 & 24-25 problems 1-3; skim S 39-41 (Ghen v. Rich) for an understanding of the concept of usage or custom; Matt. 25:14-29 [Acts 4:32 – 5:11; Job 41:11; I John 2:15-17].

Possession/ and its elements

Is the controlling or holding of personal property, without or without a claim of ownership.

1. an intent to possess on the part of possessor

AND

2. (occupancy) his or her actual controlling or holding of the property

ex. I want to have my owala and im holding it

Pierson Test for occupancy

1. An unequivocal, manifested intention to appropriate the animal 

AND 

1. Certain control which deprives the animal of its natural liberty.

Lisner test for occupancy

1. Escape is highly improbable 

OR

2. Possession is practically inevitable 

Rule of capture

first person to capture a natural resource, such as groundwater, oil, or gas, becomes the owner of that resource. Farae Naturale follows this same doctrine

Ratione soli doctrine

constructive possession by reason of soli